By: Uresti, Zaffirini S.B. No. 188
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to civil liability for removing certain individuals or
  animals from a motor vehicle and criminal liability for removing
  certain animals from a motor vehicle.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Title 4, Civil Practice and Remedies Code, is
  amended by adding Chapter 92A to read as follows:
  CHAPTER 92A. LIMITATION OF LIABILITY FOR REMOVING CERTAIN
  INDIVIDUALS OR ANIMALS FROM MOTOR VEHICLE
         Sec. 92A.001.  DEFINITIONS. In this chapter:
               (1)  "Animal control officer" has the meaning assigned
  by Section 829.001, Health and Safety Code.
               (2)  "Domestic animal" means a dog, cat, or other
  domesticated animal that may be kept as a household pet. The term
  does not include a livestock animal, as defined by Section 87.001.
               (3)  "Motor vehicle" means a vehicle that is
  self-propelled or a trailer or semitrailer designed for use with a
  self-propelled vehicle.
               (4)  "Vulnerable individual" means an individual who by
  reason of age or physical or mental disease, defect, or injury is
  substantially unable to protect the individual's self from harm.
         Sec. 92A.002.  LIMITATION OF LIABILITY. A person who, by
  force or otherwise, enters a motor vehicle for the purpose of
  removing a vulnerable individual or a domestic animal from the
  vehicle is immune from civil liability for damages resulting from
  that entry or removal if the person:
               (1)  determines that:
                     (A)  the motor vehicle is locked; or
                     (B)  there is no reasonable method for the
  individual or animal to exit the motor vehicle without assistance;
               (2)  has a good faith and reasonable belief, based on
  known circumstances, that entry into the motor vehicle is necessary
  to avoid imminent harm to the individual or animal;
               (3)  before entering the motor vehicle, ensures that
  law enforcement or animal control, as appropriate, is notified or
  9-1-1 is called;
               (4)  uses no more force to enter the motor vehicle than
  is necessary;
               (5)  remains with the individual or animal in a safe
  location that is in reasonable proximity to the motor vehicle until
  a first responder or animal control officer arrives or, if based on
  known circumstances the person has a good faith and reasonable
  belief that it is necessary to remove the individual or animal from
  the vicinity of the vehicle:
                     (A)  leaves in a secure and conspicuous location
  on or within the vehicle written notice that provides the person's
  name and information and is otherwise sufficient to allow the
  individual or animal to be easily located; or
                     (B)  if it is unreasonably burdensome to leave a
  note under Paragraph (A), provides 9-1-1 with the person's name and
  sufficient information to allow the individual or animal to be
  easily located; and
               (6)  in the case of an animal, transfers control of the
  animal to the first responder or officer on the first responder's or
  officer's arrival.
         Sec. 92A.003.  EFFECT ON OTHER LAWS. This chapter does not
  affect limitation under Section 74.151 or 74.152 of a person's
  liability for good faith administration of emergency care.
         SECTION 2.  Chapter 9, Penal Code, is amended by adding
  Subchapter G to read as follows:
  SUBCHAPTER G. PROTECTION OF CERTAIN ANIMALS IN MOTOR VEHICLES
         Sec. 9.71.  DEFINITIONS. In this subchapter:
               (1)  "Animal" has the meaning assigned by Section
  42.092.
               (2)  "Animal control officer" has the meaning assigned
  by Section 829.001, Health and Safety Code.
               (3)  "Motor vehicle" has the meaning assigned by
  Section 92A.001, Civil Practice and Remedies Code.
         Sec. 9.72.  JUSTIFIED REMOVAL OF ANIMAL FROM MOTOR VEHICLE.
  A person's conduct is justified when the actor, by force or
  otherwise, enters a motor vehicle for the purpose of removing an
  animal from the vehicle if the actor:
               (1)  determines that:
                     (A)  the motor vehicle is locked; or
                     (B)  there is no reasonable method for the animal
  to exit the motor vehicle without assistance;
               (2)  has a good faith and reasonable belief, based on
  known circumstances, that entry into the motor vehicle is necessary
  to avoid imminent harm to the animal;
               (3)  before entering the motor vehicle, ensures that
  law enforcement or animal control, as appropriate, is notified or
  9-1-1 is called;
               (4)  uses no more force to enter the motor vehicle than
  is necessary;
               (5)  remains with the animal in a safe location that is
  in reasonable proximity to the motor vehicle until a first
  responder or animal control officer arrives or, if based on known
  circumstances the actor has a good faith and reasonable belief that
  it is necessary to remove the animal from the vicinity of the
  vehicle:
                     (A)  leaves in a secure and conspicuous location
  on or within the vehicle written notice that provides the actor's
  name and information and is otherwise sufficient to allow the
  animal to be easily located; or
                     (B)  if it is unreasonably burdensome to leave a
  note under Paragraph (A), provides 9-1-1 with the actor's name and
  sufficient information to allow the animal to be easily located;
  and
               (6)  transfers control of the animal to the first
  responder or officer on the first responder's or officer's arrival.
         SECTION 3.  (a)  Chapter 92A, Civil Practice and Remedies
  Code, as added by this Act, applies only to a cause of action that
  accrues on or after the effective date of this Act.
         (b)  The change in law made by this Act by adding Subchapter
  G, Chapter 9, Penal Code, applies only to an offense committed on or
  after the effective date of this Act. An offense committed before
  the effective date of this Act is governed by the law in effect on
  the date the offense was committed, and the former law is continued
  in effect for that purpose. For purposes of this subsection, an
  offense was committed before the effective date of this Act if any
  element of the offense occurred before that date.
         SECTION 4.  This Act takes effect September 1, 2017.